Total Articles: 97
Washington State Governor Issues Proclamation Granting “High-Risk” Employees Additional Protections
On April 13, 2020, Washington Governor Inslee issued a proclamation prohibiting employers from engaging in certain employment practices with respect to employees considered high-risk under the proclamation. The proclamation, which remains in effect until 11:59 p.m. on June 12, 2020, requires employers to: (1) utilize all available options for alternative work assignments to protect high-risk workers (e.g., telework, social distancing measures); (2) permit high-risk employees who cannot take advantage of such alternative assignments to use any available employer-granted accrued leave or unemployment insurance in any sequence at the discretion of the employee; (3) fully maintain all employer-related health insurance benefits for employees who have exhausted leave, until they are eligible to return to work; and (4) refrain from taking adverse employment action against an employee for exercising their rights.
Washington: Proclamation Extending Job Protections to High-Risk Employees during COVID-19 Crisis
Washington State Governor Jay Inslee has issued a Proclamation extending various job protections to “high-risk” Washington employees. The Proclamation protects (1) any individual aged 65 or older, (2) anyone living in a nursing home or long-term care facility, and (3) those with “certain chronic underlying health conditions.”
Washington State Extends Stay Home Proclamation to May 4, 2020
ashington State Governor Jay Inslee has issued a new Proclamation extending his previous Stay Home – Stay Healthy Proclamation that restricted certain social and recreational activities, closed non-essential businesses, and required social distancing at essential businesses.
Washington State Issues New Guidance on Enforcement of Stay Home Proclamation
Washington State Governor Inslee has announced the state has released new guidance for enforcement of his Stay Home — Stay Healthy Proclamation.
Washington Amends its Paid Family and Medical Leave Act
On March 26, 2020, Governor Jay Inslee signed into law amendments to the Washington Paid Family and Medical Leave Act. The significant changes are as follows:
Washington Issues Stay Home – Stay Healthy Order, Strictly Limiting Business Operations Effective March 25, 2020
On March 23, 2020, Washington State Governor Jay Inslee signed the Stay Home – Stay Healthy Order (Proclamation 20-25, the “Order,” linked here) directing Washingtonians to shelter in place. The Order follows similar state and local directives throughout the nation put in place to address the coronavirus crisis. With over 100 dead from COVID-19-related causes in Washington State as of the date of the Order, the Order seeks to slow further transmission of the virus and protect the capacity of businesses deemed essential in the State of Washington.
Washington: Stay Home Proclamation Due to COVID-19
Washington State Governor Jay Inslee has issued a Stay Home – Stay Healthy Proclamation that restricts certain social and recreational activities, closes non-essential businesses, and requires social distancing at essential businesses. Under the Proclamation, starting at 12:00 a.m. on March 25, 2020, all non-essential businesses in Washington must close. The Proclamation remains in place until at least April 6, 2020.
Seattle Expands Its Paid Sick and Safe Time Ordinance in Response to COVID-19
Effective March 18, 2020, the Seattle Paid Sick and Safe Time (PSST) Ordinance allows eligible employees working in Seattle to use PSST when their family member’s school or place of care is closed, regardless of whether such closure is made by a public official.
Disclosure of State Employees’ Birthdates Not Protected Per Washington Supreme Court
The Washington State Supreme Court ruled recently that state employees’ birthdates associated with their names are not exempt from disclosure pursuant to a freedom of information records request. In so holding, the Court strictly construed the applicable statute that did not expressly exempt birthdates from disclosure. Wash. Pub. Emps. Assn. v. State Ctr for Childhood Deafness & Hearing Loss. Private and public entities across the country that respond to countless requests for information may want to rethink their approach.
Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices
Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?” On September 5, 2019, the court answered with a resounding no.
Airline Alert: U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge
Executive Summary: On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby guaranteeing sick leave benefits for airline flight crew employees based in Washington.
Washington Employers Must Provide Break Time and Space for Employees to Express Breast Milk
As of July 28, 2019, Washington employers with 15 or more employees are required to provide reasonable break time for employees to express breast milk. (See House Bill 1930 and Revised Code of Washington 43.10.005.) Break time must be provided each time the employee needs to express breast milk, and must be provided for up to two years after the child’s birth. If the employer has space in its business or worksite, it must also provide a private location, other than a bathroom, for the employee to express milk; if no private space is available, the employer must work with the employee to find a convenient location and work schedule to accommodate her needs.
Non-Agricultural Employers May Use Workweek Averaging to Satisfy State Minimum Wage Obligations in Washington
On September 5, 2019, the Washington Supreme Court confirmed that non-agricultural employers may use a workweek averaging methodology to satisfy the Washington Minimum Wage Act in Valerie Sampson et al v. Knight Transportation Inc. et al. In other words, non-agricultural employers can satisfy their state minimum wage obligations by showing that an employee’s total wages for a workweek, when divided by the total hours worked during that week, results in a figure that is equal to or greater than the state minimum wage.
Latest Legal Developments For Washington Employers, 2019 Edition
As predicted, Washington’s legislature has been busy over the past few months passing new laws that directly impact how employers conduct business. There have also been several key court decisions impacting workplace law of which all employers should be aware. What happened? We’ve put together summaries of the more significant recent developments for you below.
Washington State Takes on the Arbitration of Harassment and Discrimination Claims
Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement.
Washington Weighs in on Obesity Discrimination
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws. In Taylor v. Burlington Northern Railroad Holdings Inc., a case that wound its way through the courts for nine years, the United States Court of Appeals for the Ninth Circuit certified this question to the Washington Supreme Court: “Under what circumstances, if any, does obesity qualify as an ‘impairment’ under the [WLAD]?” The Washington Supreme Court responded by holding that obesity is always an impairment under the Washington Law Against Discrimination (WLAD) because it is a “’physiological disorder, or condition’ that affects multiple body systems listed in the statute.” Therefore, an employer who takes employment action against an individual because the employer perceives the individual to be obese, may run afoul of the WLAD.
Washington State Supreme Court Holds State Law Bars Discrimination Based on Obesity
Washington’s highest court has ruled that obesity is always an “impairment” under Washington’s Law Against Discrimination (WLAD), regardless of whether obesity is related to some other medical condition. Accordingly, treating job applicants or employees adversely based on their actual or perceived obesity is unlawful disability discrimination unless the obesity conflicts with a bona fide occupational qualification or prevents the worker from properly performing the job. The court did not define obesity, however, and did not address whether an employer’s knowledge of an individual’s weight or body mass index alone can trigger a duty to consider reasonable accommodation.
Washington State Pushes Back First Reporting Deadline for Paid Family and Medical Leave Law
The Washington Employment Security Department (ESD) has pushed back the first reporting deadline under this new law to August 31, 2019. By that date, all Washington employers must file reports about their employees, including their wages and associated hours worked during the first two quarters of 2019.
Proposed Washington State Regulations Would Radically Increase the Minimum Exempt Salary Rate
On June 5, 2019, the Washington Department of Labor & Industries issued proposed amendments to Washington State’s white-collar overtime exemption regulations.
Washington State Buttons Up Two New Laws Addressing Worker Harassment and Assault in Hospitality and Adult Entertainment Industries
Washington Governor Jay Inslee recently signed two bills addressing sexual harassment and assault in the workplace. Both bills require covered hospitality employers and adult entertainment establishments to provide panic buttons for covered workers.
Washington Overhauls its Data Breach Notification Law
As we noted last month, Washington’s efforts to follow California’s lead in passing its own GDPR-like law have stalled after the bill failed to make its way through state’s House of Representatives—despite overwhelming approval in the Senate (where it passed 46-1). That bill’s sponsor has promised to revisit the issue during the 2020 legislative session.
Washington State Governor Signs Legislation Restricting Noncompetition Covenants
On May 8, 2019, Washington State Governor Jay Inslee signed new restrictions on noncompetition covenants for Washington employees. The new restrictions are effective January 1, 2020. Key elements of this new law include the following:
Changes on the Horizon for Washington State’s Pay Equity Law: Salary History Inquiries
On May 9, 2019, Washington State governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information.” The new law is similar to legislation being promulgated throughout the country, including by Washington’s neighbor to the south, Oregon. This law will become effective on July 28, 2019.
Washington Amends its Equal Pay Law to Enact Salary History Ban and Require Disclosure of Salary Ranges
On May 9, 2019, Washington Governor Jay Inslee signed House Bill 1696, the state’s most recent pay equity legislation, which the bill claims is an “additional step towards gender equality.”1
Washington’s New Non-Compete Bill Brings Challenges For Employers
Finding that “workforce mobility is important to economic growth and development,” Washington just passed a new law that will significantly restrict noncompetition agreements with both employees and independent contractors. The governor signed the bill into effect on May 8, ushering in a new era for restrictive covenants in the state.
Washington State Enacts Comprehensive Noncompete Reform
On May 8, 2019, Washington Governor Jay Inslee signed Engrossed Substitute House Bill 1450 (HB 1450), radically altering the law governing noncompetition agreements and moonlighting prohibitions in Washington State. The bill will become effective on January 1, 2020, but includes provisions for retroactivity. Employers with Washington operations that have (or want) such agreements with their employees, or that are considering hiring individuals who have entered into such agreements with other employers, need to understand the new restrictions.
Washington Legislature Passes the Washington State Diversity, Equity, and Inclusion Act to Permit Affirmative Action in Public Employment, Education, and Contracting
For 20 years, public agencies in Washington State have been barred from favoring or discriminating against applicants, employees, or contractors based on sex, ethnicity, color, race, or national origin. On the last day of its regular 2019 session, April 28, 2019, the Washington State legislature eased that bar, passing the Washington State Diversity, Equity, and Inclusion Act, proposed by the citizens of Washington State as Initiative 1000 (I-1000). I-1000 becomes effective 90 days after the end of the regular legislative session, July 27, 2019.
Washington Governor Signs Non-Compete Law
On May 8, 2019, Washington Governor Jay Inslee signed into law HB 1450, described as “AN ACT Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses[.]” While the Act does not take effect until January 1, 2020, its restrictions apply retroactively to existing agreements signed before that date.
Washington Adds Pay History Ban, Transparency Requirements
Washington is the latest state to pass additional pay equity protections. One year after enacting the 2018 Equal Pay and Opportunity Act, which included an array of enhanced pay equity provisions, the legislature passed HB 1696, which restricts pay history inquires and enhances pay transparency requirements. The bill passed on a near party-line vote. Governor Jay Inslee is expected to sign the legislation, which would go into effect 90 days later.
Washington Poised to Significantly Expand Its Data Breach Notification Law
It was looking like Washington state would be the first state to follow the California Consumer Privacy Act (CCPA), with a GDPR-like law of its own. That effort has stalled, perhaps temporarily. However, both Washington’s House and Senate voted unanimously to send HB 1071 to Gov. Jay Inslee, which would substantially expand the state’s current data breach notification obligations.
Washington State Legislature Adopts Law Restricting Noncompetition Agreements
After several years of failed attempts, the state of Washington passed a law on April 17, 2019 that will significantly limit the enforceability of noncompetition agreements under Washington law. Governor Jay Inslee has not yet signed the act into law, but it is expected that Governor Inslee will promptly do so. Here are some key aspects of the act:
Washington State’s GDPR-like Bill Passes Senate
The California Consumer Privacy Act (CCPA), passed in 2018 and taking effect January 1, 2020, is considered the most expansive state privacy law in the United States, and sparked a flurry of state privacy law legislative proposals, in particular in Washington state. This January, a group of state senators in Washington introduced the Washington Privacy Act, SB 5376 (WPA), slightly updated in late February. On March 6th, the bill passed the Senate with a nearly unanimous vote, and now heads to the House for review. If approved, the WPA will take effect July 31, 2021.
End-of-Year Washington State (and Local) Paid Sick and Safe Time Issues
For employers with Washington State operations, what happened in 2018 does not necessarily stay in 2018. Those bidding 2018 farewell cannot say goodbye to various paid sick and safe time (PSST) policy, notice, and leave calculation obligations in 2019. Additionally, employers with unionized workforces in Seattle have limited time to except themselves from city standards that exceed state law requirements, and employers subject to SeaTac’s PSST law must balance local year-end cash-out requirements with the state law carryover mandate.
Washington Paid Family And Medical Leave Is Imminent: Are You Ready?
Washington employers, get ready. Starting January 1, 2019, the state’s Employment Security Department (ESD) will begin collecting premium payments from employers so the historic Paid Family and Medical Leave (PFML) program can be implemented. While the benefits will not be able to be accessed by workers until 2020, don’t be fooled into thinking that you still have another year to prepare for this new law; you need to begin your preparations now. What do Washington employers need to know to get ready?
Washington State Governor Issues Executive Order Discouraging Arbitration Agreements and Class Action Waivers for Government Contractors
On June 12, 2018, Washington State Governor Jay Inslee issued an executive order that directs Washington agencies to favor government contractors that do not require employees to submit to individual arbitration of claims.
Seattle Passes Ordinance to Expand Employment Rights to Domestic Workers
On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. The new law mirrors similar efforts in several states to expand employment rights to domestic workers.
Court Tosses Lawsuit by Drivers Challenging Seattle Ridesharing Union Ordinance
On August 9, the Ninth Circuit Court of Appeals dismissed a lawsuit filed by a group of independent drivers challenging a 2015 ordinance by the City of Seattle that allows ridesharing drivers to organize.
Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases
Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June 7, 2018.
Workplace Law Update For Washington Employers, Summer 2018 Edition
Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new legal obligations. Their actions continue to challenge Washington employers to keep up with evolving workplace laws. The good news? We’ve put together summaries of some of the more significant recent developments for you here.
Revised Seattle Paid Sick & Safe Time Rules Give Employers Limited Time to Comply
Seattle, Washington’s Office of Labor Standards (OLS) revised its rules concerning the Paid Sick and Safe Time (PSST) Ordinance. The rules come about a year-and-a-half after the Ordinance was amended to better align with the state PSST law, which took effect January 1, 2018. Unsurprisingly, in many instances the revised rules incorporate state law standards. Although many revisions are merely linguistic changes that do not substantively alter existing rules, there are notable changes and deletions we will highlight, along with a new non-PSST rule that will affect leave management.
Seattle Ordinance Giving Drivers Right to Collectively Bargain Not Preempted by NLRA
A landmark law giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain is not preempted by the National Labor Relations Act, a three-member panel of the Ninth Circuit Court of Appeals has ruled. U.S. Chamber of Commerce v. City of Seattle, No. 17-35640 (9th Cir. May 11, 2018).
Washington State Enacts Fair Chance Act
Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298). The Act prohibits employers from obtaining any information about an applicant's criminal record (whether by a question on an application for employment, inquiring orally or in writing, receiving information through a criminal history background check, or otherwise) until after the employer initially determines that the applicant is otherwise qualified for the position. It makes it unlawful for employers to advertise employment openings in a way that excludes people with criminal records from applying, or to implement a policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position. Once the employer has initially determined that the applicant is otherwise qualified, the law does not restrict the employer from inquiring into or obtain information about a criminal record, although it also does not limit any existing restrictions that apply.
Washington State Legislature Responds to the #MeToo Movement
Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth requires the Washington State Human Rights Commission to develop model sexual harassment policies and “best practices” for employers. While these laws were motivated primarily by the #MeToo movement, one of them broadly attacks agreements for the private resolution of discrimination claims generally. The laws take effect on June 7, 2018.1
New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits
A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018.
Washington State Amends Domestic Violence Leave Law
Effective June 7, 2018, Washington State amended its domestic violence leave law to require employers to provide reasonable safety accommodations to victims of domestic violence, sexual assault, or stalking and to incorporate additional prohibitions on discriminating or retaliating against actual or perceived victims of domestic violence.1
New Pay Equity Law in Washington State
Washington State has joined the ranks of jurisdictions that have adopted expanded equal pay legislation.1 The Equal Pay Opportunity Act (EPOA) was signed into law on March 21, 2018, and will take effect on June 7, 2018.2 The EPOA significantly expands Washington’s existing gender pay law for the first time since its enactment in 1943.3
Washington State Enacts New Laws Addressing Sexual Harassment in the Workplace
Responding to the national “#MeToo” movement, Washington has enacted four new workplace laws intended primarily to protect victims of sexual harassment and assault in the workplace.
Washington's Pay Equity Update Prohibits Wage Secrecy Policies, Ensures Equity in Advancement Opportunities
On March 21, 2018, Governor Jay Inslee signed the Equal Pay Opportunity Act (EPOA) into law, updating Washington’s 1943 Equal Pay Act. The 1943 Equal Pay Act created a private right of action for women who are paid less than similarly employed men because of their sex. This is the fourth year in a row the Washington legislature has considered updates to the 1943 act, which has not been modified since it was originally passed. This year, however, the EPOA gained traction and passed the Washington State House of Representatives and the Washington State Senate.
#MeToo Comes to Washington State
In response to the #MeToo movement, lawmakers in several states are introducing bills aimed at curbing workplace sexual harassment and addressing how complaints and resolutions are handled by employers. Washington is no exception, and the Washington state Legislature has passed three bills focused on new laws relating to sexual harassment. Each bill is briefly summarized below.
Washington Expands Employment Discrimination Protections for Victims of Domestic Violence
Job applicants and employees in Washington who are survivors of domestic violence, sexual assault, or stalking will have new protections against employment discrimination under a law that will go into effect on June 7, 2018.
Washington State “Bans the Box”
Washington has joined a growing list of states and cities to restrict criminal history inquiries in the hiring process with adoption of the Washington Fair Chance Act (2SHB 1298), signed into law on March 13, 2018. Beginning June 7, 2018, state law will prohibit public and private employers from asking about arrests or convictions until after an applicant is determined otherwise qualified for a position.
Equal Pay For Equal Work: Washington Updates Equal Pay Act For The First Time In Over 70 Years
With heightened attention on gender-based workplace discrimination, Washington recently passed new legislation that creates additional pay equity requirements for Washington employers. Signed into law by Governor Jay Inslee on March 21, 2018, HB 1506 will update and expand the state’s Equal Pay Act (EPA) for the first time since it was enacted in 1943.
Washington Bars Sexual Harassment Nondisclosure Agreements
In the wake of the Harvey Weinstein scandal and the #MeToo movement, Washington employers will soon need to comply with two new laws aimed at preventing sexual harassment and assault in the workplace while encouraging open discussion about such problems. The new laws—which most notably restrict your ability to require nondisclosure agreements covering sexual harassment—were unanimously passed by the state legislature on February 28, and Governor Jay Inslee signed them into law on March 21, 2018. What do you need to know about the new laws in order to stay in compliance?
Washington Ban-the-Box Law Limits Criminal Background Inquiries
Effective June 6, 2018, Washington will be the next state to implement “ban the box” legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process.
Washington State Legislature Sends Comprehensive Pay Equity Bill to Governor
The Washington Legislature has sent Governor Jay Inslee a proposed Act that would significantly broaden the state’s Equal Pay and Opportunity Act. The Governor is expected to approve it.
Ban-the-Box Laws in Spokane, Washington, and Kansas City, Missouri
State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the latest enactments are in Spokane, Washington, and Kansas City, Missouri.
Spokane Follows Seattle’s Lead, Passes “Ban-the-Box” Ordinance
The City of Spokane, Washington, recently enacted Ordinance No. C-35564, making Spokane the second municipality (joining Seattle) in Washington state to “ban the box.” This new law limits when employers can inquire into and consider the criminal history of a job applicant. An employer may inquire into and generally consider a candidate’s criminal history, but only after conducting an in-person, telephonic, video interview, or if there is no interview, after a conditional offer of employment. The portions of Spokane’s ban-the-box ordinance applicable to private employers will go into effect on June 14, 2018, although the City has indicated that it will not impose any citations or fines for violations of the ordinance until after January 1, 2019.
Recent Amendments to Seattle’s Paid Sick and Safe Time Ordinance Will Take Effect on January 1, 2018
With Washington State’s paid sick leave law taking effect on January 1, 2018, Washington employers should be prepared to implement statewide policies in addition to policies covering employees in SeaTac, Seattle, Spokane, and Tacoma. However, employers should not overlook changes to the Seattle Paid Sick and Safe Time (PSST) Ordinance that were adopted on December 15, 2017. The City of Seattle adopted Council Bill 119145 that amended Sections 14.16.010, 14.16.015, 14.16.020, 14.16.025, 14.16.030, 14.16.040, 14.16.045, 14.16.050, 14.16.055, 14.16.120, 14.22.010, and 14.22.020 of the Seattle Municipal Code (SMC).
New Year Brings Paid Sick and Safe Leave to Washington
Washington has joined the growing list of jurisdictions requiring employers to provide paid sick leave to employees. All Washington employers, regardless of size, must provide their employees paid sick and safe leave (“PSSL”) starting January 1, 2018.
Washington Law Bars Retaliatory Discrimination against Job Applicants, State Supreme Court Holds
Employers who refuse to hire job applicants who opposed discrimination in a prior job may be sued for retaliation under the Washington Law Against Discrimination (WLAD), the Washington Supreme Court has held in a unanimous decision. Zhu v. North Central Educ. Servs. – ESD 171, No. 94209-9 (Nov. 9, 2017). The Court ruled that WLAD creates a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation for prior opposition to discrimination against a different employer.
Washington State’s Paid Sick and Safe Leave Update: The Administrative Regulations Are Finally Final
Washington’s Department of Labor and Industries has now concluded its process for drafting and finalizing the regulations for implementing Washington’s paid sick leave law, which becomes effective on January 1, 2018. Now employers can finish drafting legally compliant paid sick leave policies. The complementary enforcement regulations are still a work in progress and are not expected to be finalized until at least mid-December 2017.
Washington State Enacts Healthy Starts Act, Requires Accommodation for Pregnant Employees Regardless of Disability
The new Washington state Healthy Starts Act requires employers with 15 or more employees to provide accommodations to pregnant employees above and beyond those accommodations required by other available laws, including the Washington Law Against Discrimination (WLAD) and the Americans with Disabilities Act Amendments Act (ADAAA). Some of the required accommodations must be provided without medical certification and regardless of whether such accommodations would create an undue hardship.
The Current State of Meal and Rest Break Law in Washington State
This article summarizes certain aspects of the current Washington State law of meal and rest breaks, taking into account the latest appellate ruling on the topic, Brady v. AutoZone Stores, Inc., 188 Wn.2d 576, 397 P.3d 120 (2017). The requirements described here apply to non-exempt adults in non-agricultural employment.
Washington Employers: Prepare To Face New Workplace Laws
The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these new laws, in the order of the effective dates of each law.
Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections for Pregnant Employees
Washington recently enacted new workplace accommodation protections for pregnant employees.
Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing of a Disability
Washington’s legislature recently passed a new Healthy Starts Act (the “Act”),1 which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required under the Washington Law Against Discrimination (“WLAD”) or the Americans with Disabilities Act (“ADA”). The Act, which became effective July 23, 2017, requires Washington employers with 15 or more employees to reasonably accommodate pregnant employees regardless of a disability, provides a list of such accommodations to be considered, and places specific prohibitions upon employers with respect to such accommodations.
Washington Joins Growing List of States with Laws Protecting Biometric Information
Not to be outdone by the recent attention to biometric information in Illinois, and the Prairie State’s Biometric Information Privacy Act (BIPA), Washington enacted a biometric data protection statute of its own, HB 1493, which became effective July 23, 2017.
Washington Enacts Paid Family and Medical Leave Law
All Washington employers must provide paid family and medical leave under a bill signed by Governor Jay Inslee on July 5, 2017.
Washington State Approves Paid Family and Medical Leave: What Employers Need to Know
With Governor Inslee’s signature on July 5, 2017, Washington State joined just a handful of states mandating paid family and medical leave. Washington’s leave is funded by both employers and employees, and employees will be eligible to receive benefits beginning in 2020. The new paid leave program provides benefits of up to 90 percent of the employee’s income and matches Washington, D.C., in providing the highest percentage of income benefit of any state or district in the United States.
Gig Economy Portable Benefits Bill Introduced In Washington State
We’ve written before about a proposal in New York that would permit gig companies to pay into a benefit fund for workers allowing them freedom to develop portable benefits; now, Washington state is considering a similar concept. House Bill 2109, introduced this legislative session, would take a giant leap by creating portable, prorated, universal benefits for workers in the sharing economy.
New Minimum Wage and Paid Sick Leave Laws for Washington Employers
November 2016 was a dynamic month for laws relating to Washington State workers. At the state level, Washington voters approved Initiative Measure No. 1433 (“the Law”), which provides incremental increases of the state minimum wage beginning January 1, 2017 and paid sick leave beginning January 1, 2018. Washington was one of two states—the other being Arizona—to approve ballot measures providing for paid sick leave during the November general election. Washington and Arizona join five other states—California, Connecticut, Massachusetts, Oregon and Vermont and numerous other localities including the Washington cities of Seattle, Tacoma and Spokane— who already require employers to provide employees paid sick leave. Locally, Seattle voters also approved Initiative 124, which imposes new and significant health and safety, healthcare, and hiring requirements on the City’s hotel industry.1
Washington’s New Minimum Wage and Paid Sick Leave Become Law With Fast-Approaching Effective Dates
With all of the votes counted, Initiative 1433, which will raise the minimum wage and require paid sick leave throughout Washington, has passed by a fairly wide margin. The first substantial increase in the minimum wage begins on January 1, 2017, while the paid sick leave requirement goes into effect on January 1, 2018. Here are the key details about both the minimum wage increase and the paid sick leave requirements.
Seattle Retail and Food Services Employers Beware: New City Ordinance Restricts Scheduling Practices
The Seattle City Council unanimously passed a bill on September 19, 2016, enacting secure scheduling regulations for large employers in the retail and fast food businesses. Seattle is the second city, after San Francisco, to adopt such regulations. Mayor Ed Murray announced he plans to sign the ordinance within the next two weeks. The Seattle Secure Scheduling Ordinance will take effect on July 1, 2017.
Seattle Passes Predictable Scheduling Ordinance
The City of Seattle has passed a bill requiring certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call. Mayor Ed Murray announced he plans to sign the Secure Scheduling Ordinance. The bill will go into effect on July 1, 2017.
Seattle City Council Approves Secure Scheduling Ordinance
As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765,1 by a unanimous vote. The SSO mandates that large retail and food service employers provide two weeks’ advance notice to employees of their schedules, and compensate employees for alterations to their scheduled hours. Seattle Mayor Ed Murray has publicly supported the SSO, and is expected to sign it promptly. Even if Mayor Murray does not approve the SSO, it will take effect pursuant to Seattle Municipal Code § 1.04.020 on July 1, 2017.
The Unpredictability Of Seattle’s Proposed Predictable Scheduling Law
In keeping with its goal of pioneering workers’ rights, Seattle’s City Council is expected to pass its Secure Scheduling Ordinance this fall, requiring certain retail and food establishments to provide both a “livable wage” and a “livable schedule” to their employees. While originally designed to imitate San Francisco’s secure scheduling law for large “formula” retailers, Seattle’s proposed ordinance will far surpass San Francisco’s in its employee and employer coverage, onerous requirements, and penalties.
Seattle Mayor’s Office Proposes Predictable Scheduling Law
The Seattle Mayor’s Office has proposed a Secure Scheduling Proposal that would require certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call.
Seattle Ballot Initiative Targets Hotel Industry
According to Ballotpedia, 140 state ballot initiatives in 35 states have already been certified for the November 8, 2016 election. This number does not include the many city-wide measures that will be before voters on Election Day. These ballot questions touch on a variety of topics, including raising the minimum wage, legalizing marijuana, and mandating paid sick leave. Among these measures is Seattle Initiative 124, which would impose new and significant health and safety, healthcare, and hiring requirements on the City’s hotel industry.
Seattle’s Updated Labor Standards Requirements
Seattle, Washington has amended the quartet of laws addressing labor standards (Seattle Sick Time and Safe Time Ordinance, Seattle Fair Chance Employment Ordinance, Seattle Minimum Wage Ordinance, and Seattle Wage Theft Ordinance). These changes affect, among other things, notice and posting requirements and also strengthen enforcement.
FAQs on the Spokane, Washington Paid Sick and Safe Leave Law
On January 25, 2016, the Spokane City Council overturned the Spokane mayor’s veto and passed Ordinance C-35300, which provides paid sick and safe leave to employees performing more than 240 hours of work in the city of Spokane in a calendar year. Spokane follows the cities of Seattle, Tacoma, and SeaTac in implementing paid leave ordinances in Washington. The ordinance requires employers to provide employees with one hour of paid sick and safe leave for every 30 hours worked starting on January 1, 2017. Below are answers to some frequently asked questions about the new law.
Seattle Ordinance Giving Drivers Right to Bargain Collectively Violates Federal Law, Chamber Says in Lawsuit
The U.S. Chamber of Commerce has challenged the Seattle City Ordinance giving drivers of app-based transportation companies that use independent contractors to provide services (such as Uber and Lyft) the right to collectively bargain. (See our post, Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected.)
Wading through the Changing Tide of Paid Sick Leave Laws in Washington State
2016 may be the most dynamic year yet for paid sick leave developments in Washington State. Two months into the new year we have already seen significant changes to the Seattle sick and safe time law, a new paid leave ordinance taking effect in Tacoma, and a new ordinance enacted in Spokane. At the state level, legislators are considering a bill to mandate paid sick leave statewide.
Seattle Enacts Law to Strengthen Wage Theft and Other Labor Standards Ordinances
Seattle Mayor Edward B. Murray recently signed a measure strengthening the city’s ability to enforce minimum wage and other workplace standards. The Wage Theft Prevention and Labor Standards Harmonization Ordinance 2015 harmonizes enforcement procedures, allows for a phased-in private cause of action, and provides key definitions of terms in the Minimum Wage, Administrative Wage Theft, Paid Sick and Safe Time, and Job Assistance ordinances.
East Meets West: Spokane Joins Western Washington Cities By Adopting Paid Sick Leave Law
Effective January 1, 2017, Spokane will join Seattle, Sea-Tac, and Tacoma as cities in Washington requiring employers to provide mandatory employee paid sick and safe leave. On Monday, January 11, 2016, Spokane’s City Council passed Ordinance No. C-35300, which provides the basic structure for a paid sick leave law that will go into effect next year.
Spokane PSL on the Way
Spokane may soon be the first 2016 PSL jurisdiction. Just 11 days into the New Year, its City Council passed a PSL ordinance. (Ordinance No. C35300). The mayor has vowed to veto it but the Council passed the ordinance by a wider margin than needed to override that veto.
Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected
Landmark legislation giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain, has been passed by the Seattle City Council. However, the new law faces significant legal hurdles.
Seattle Adds Serious Teeth To Sick And Safe Leave Law
Amidst the uber-media commotion over the Seattle City Council’s December 14 adoption of a law allowing independent contractor rideshare drivers to unionize, many missed that Seattle also passed a significant bill amending Seattle’s Paid Sick and Safe Leave law to give it serious enforcement teeth. Among other new provisions, noncompliance now means facing higher civil penalties and a lawsuit from your employees – with the potential for an award of treble damages.
Washington Court Dismisses Medical Marijuana Claims Asserted by Employee
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. Swaw v. Safeway, Inc., No. C15-939 (W.D. Wash. Nov. 20, 2015).
Tacoma's New Paid Sick Leave Ordinance: What Employers Need to Know
Tacoma has now joined Seattle as the third city in Washington State to mandate paid sick leave for employees (certain hospitality and transportation workers employees in SeaTac also receive this benefit). The new law will go into effect February 1, 2016.
City of Tacoma Issues Rules Interpreting Paid Leave Ordinance
On August 5, 2015, the City of Tacoma, Washington published its final Paid Leave Rules (“Rules”) implementing Tacoma’s Paid Leave Ordinance (“Ordinance”).1 The Ordinance requires nearly all private sector employers to provide employees who work in Tacoma specified amounts of accrued, job-protected paid leave for personal illness, family care, domestic violence and bereavement starting February 1, 2016.
Pacific Northwest Employer Workplace News - August 2015
A metal casting company lawfully terminated an employee for his threats of violence to other employees, despite a claim that his depression/stress made him do it, the federal appeals court covering Oregon and Washington has ruled, upholding the dismissal of the employee’s disability discrimination lawsuit. Mayo v. PCC Structurals, Inc.
Beware State Wage and Hour Laws: Washington Supreme Court Upends Piece Work Calculations
Whenever I discuss federal law here on the blog, I usually add a disclaimer that reminds employers to check state and local laws before proceeding. With the proliferation of minimum wage increases, minding state and local laws is more important than ever. However, state laws can affect more than just the minimum wage. For instance, recently when answering questions certified to it by a federal district court, the Washington Supreme Court held that—as a matter of Washington state law—employers must pay employees for their rest breaks separately from their piece rate pay. The court further held that Washington law required that employers pay for those rest breaks at the greater of applicable minimum wage or the employee’s regular rate.
Tacoma is the Third Washington City to Mandate Paid Leave
Earlier this year, the City Council of Tacoma, Washington approved a Paid Leave Ordinance (“Ordinance”).1 Starting February 1, 2016, nearly all private sector employers must provide employees who work in Tacoma specified amounts of accrued, job-protected paid leave for personal illness, family care, domestic violence, and bereavement. Tacoma is now the third city in Washington State, joining Seattle and SeaTac, to require that employers provide a paid leave benefit.
Don't Fear The Reefer: Legalization of Marijuana To Have Little Effect on WA Employers
On November 6, 2012, Washington became a national trailblazer when voters approved a state initiative legalizing the recreational use of marijuana (Colorado passed a similar law the same day). As of December 6, 2012, it will no longer be illegal for adults over the age of 21 to possess one ounce of marijuana. The good news for employers: the new law does not change employers’ rights in any way, and zero tolerance policies may still be enforced.
Seattle's New Paid Sick Leave Ordinance
On September 1, 2012, Seattle's paid sick and safe-leave ordinance went into effect. The ordinance will require nearly all private-sector employers to provide employees who work in Seattle with specified amounts of accrued paid sick and safe time (PSST). Sick leave is, of course, self explanatory. "Safe leave" refers to time off related to domestic violence, sexual assault, or stalking.
Seattle Paid Sick and Safe Leave Ordinance—Employers with Employees Working in Seattle, Are You Ready for the New Seattle Ordinance?
Effective September 1, 2012, most private employers that have employees working within the city of Seattle, Washington will be required to provide such employees specific amounts of paid leave for use for personal illness, family care, absences related to closures due to public hazards, and absences relating to domestic violence, sexual assault, or stalking. San Francisco, Washington, D.C., and the state of Connecticut also have similar laws on the books.
Washington Employers Claim Victory In Medical Marijuana Battle
On June 9, 2011, the Washington Supreme Court handed employers a comprehensive victory in the long-running medical marijuana battle, deciding that employers need not accommodate an employee's use of medical marijuana, and that employees terminated for medical marijuana use – even offsite use – have no basis to sue their employers. Roe v. TeleTech Customer Care Mgmt.